2.8. What next? Don't expect an immediate answer from the copyright owner, as often it will not be forthcoming. Requests normally need to be looked at by a legal expert and someone who can take a decision as to what rights you can use and for how long. If your application has been rejected, you cannot use the work. Not only would it be effectively stealing their work, but they are also now aware of your intention to use the work, and will be looking out for it. Furthermore, the courts take a very stern view of using a work after permission has been expressly denied, and the repercussions may be even more severe. There are all sorts of reasons why copyright may be refused. The copyright owner may already have a similar project in hand that your proposal may harm, the owner may be restricted by other agreements, or the owner may simply not like your intended use of their work. Give yourself plenty of time to get a response, and have a backup plan in mind. You should also be aware of the reasons why it may be difficult (or expensive) to get permission to use some works on the Internet. Some copyright owners are particularly wary of allowing use of their work on the Internet as it is not felt to be a medium through which their 'copy rights' are upheld, in addition to the fact that technology is developing so rapidly. If a work is used in a website it can then be accessed by a wide variety of people in a vast array of countries. Not only this, but the work can also be copied, altered and stored by various means. Digital copying and alteration is much quicker, easier and produces much better results than other means - photocopying, for example - and as such, it is only natural that copyright owners feel their rights (both Moral and Intellectual Property rights) to be in danger. In addition, although copyright law applies to the Internet as much as to any other medium or resource, in the past it has been more difficult to enforce. This is now rapidly changing with encoding, watermarks, and other technological advances. If you are granted copyright follow the agreement precisely: this is now a formally binding contract, and if you do not abide by the agreement then the copyright owner is within their rights to sue you. 2.9. And finally... Some points to bear in mind: Plan ahead
When considering the audio materials you wish to use for a project think about copyright as far in advance as you can - during the decision-making and selection process if possible. This cannot be stressed enough, as obtaining copyright for works can be time consuming and costly, and can ruin the aims of a project if left to the last minute. Try to plan-in copyright acknowledgements and notices in advance - especially when they are to appear in a website for example, and try to ensure that they are prominently placed. This will normally be a pre-requisite of any copyright permission you will get. Also, remember to include possible costs for copyright clearances in the budget for the project. Use out-of-copyright works
To try and avoid copyright implications entirely, it is best to use works that are:
More than 70 years old for literary, artistic, dramatic and musical works.
More than 50 years old for computer generated works, sound recordings and films.
More than 25 years old for typographical arrangements. If you are in any doubt about the status of a work, check it out with a proper authority, such as those mentioned in section 2.6 above. Have a backup plan
It is always a good idea to try and be as flexible as possible with your materials, and do have a backup plan just in case you cannot obtain the copyright you want. Keep a record of your attempts
Not only for your own reference, but also in case you decide to risk having to prove that your 'best efforts' were made to obtain copyright (see section 2.6 above). Don't forget rights exist on the internet
It is important to note that copyright pertains to the internet as much as is pertains to any other media: as long as the work is original and in some sort of fixed format. Copyright extends to works in 'machine readable' format such as those stored by electronic means and electronic retrieval systems: i.e. literature, images and sound recordings on the web. Many people think of the web as a free resource pool, wherein they can copy, save and download at will. Unfortunately, this is not the case. Copyright law applies equally to sources on the web as it does to physical material in books or audio recordings, and although it has been more difficult to enforce, technology is fast developing and watermarks and security - especially pertaining to music - are big issues. In addition to this, as previously stated: if someone has put the work in and created something good enough to use then it should be recognised as such, and they have the right to be asked and recompensed for its use. Treat web resources exactly as you would audio and visual resources elsewhere. Remember your work also has copyright
Not only should you be aware of the copyright in other people's material, but you should also remember that all of the above applies to your audio recordings, websites and databases too. It is always a good idea to have some sort of copyright statement attached to your recordings and websites indicating that you hold the copyright in it. You should make it clear that the sources you have used (especially on websites) have been used with permission of the copyright holders, and are not to be copied or used for other purposes without the consent of the copyright owner. Variation from country to country
Please bear in mind that this general introduction to copyright and copyright procedures is based on the UK Copyright, Designs and Patents Act 1988, and may differ from the copyright law of the country you are in. There are international treaties that encourage reciprocity of copyright terms and conditions (such as the Berne convention and the UCC convention) but there are no international laws. If in any doubt, you are advised to contact an Intellectual Property or Copyright lawyer for clarification. Top of Page
| 
Page last modified: by